AFRICAN CONTINENTAL BANK PLC VS LOSADA NIGERIA LTD. AND ORS.
July 4, 2025EMMANUEL N. NWOBOSI VS AFRICAN CONTINENTAL BANK LIMITED
July 4, 2025Legalpedia Citation: (1995) Legalpedia (SC) 65111
In the Supreme Court of Nigeria
Sat Jul 15, 1995
Suit Number: SC. 190/ 1991
CORAM
PARTIES
EZEKIEL ADEDAYO(Head of Agbonbifa Ruling House for himself and the Agbonbifa Ruling House) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal against the decision of the Court of Appeal, Kaduna Division on an interlocutory appeal from the ruling of Fabiyi, J. dated 24:3:88 refusing the application of the 1st to 6th Defendants to dismiss the suit filed by the plaintiff in limine.
HELD
The issue has been settled by a court of competent jurisdiction and parties are bound by the determination of the issue.
ISSUES
Whether the Court of Appeal was right in upholding the contention of the respondents that the holding of the court in Suit No. KWS/OM/5/86 to the effect that Agbonbifa family was not a ruling house family, constitute issue estoppel between the appellant and the respondents.
RATIONES DECIDENDI
CONDITIONS FOR THE APPLICATION OF ISSUE ESTOPPEL
The conditions for the application of the doctrine of issue estoppel has been established. These are that:
1. The same question was decided in earlier proceeding
2. The judicial decision said to create the estoppel was final; and
3. The parties to the judicial decision or their privies were the same persons as the parties to the proceedings in which the estoppel is raised or their privies. Per Emanuel Obioma Ogwuegbu, JSC
FIRST SETTLER OF LAND BECOMES THE OWNER OF LAND
It is a notorious fact that the first settler or founder of a parcel of land becomes the owner of the land and the head of subsequent settlers on the land. His descendants derive title to the land from him. It accords with the common sense that the Head or ruler of the settlement at any given time should be one of the descendants of the founder of the land.- Per Emanuel Obioma Ogwuegbu, JSC
THE DOCTRINE OF RES JUDICATAM
The doctrine of res judicatam of which issue estoppel is a specie, is a fundamental doctrine of all courts that them must be an end to litigation. Public policy also demands that once a court of competent jurisdiction has settled by final decision, the matters in contention between the parties, they should leave the courts alone. Per Emanuel Obioma Ogwuegbu, JSC
CASES CITED
Fidelitas Shipping Co. Ltd. v. V/ O Export Chleh (1965) 2 All E.R. 4 at 8-9Fadiora v. Ghadebo (1978) 3 S.C. 219 at 228Thoday v. Thoday (1964) I All E.R 341Aro v. Fabolude (1983) 1 SCNLR 58
STATUTES REFERRED TO
1979 Constitution
